government or public authority, which shall be paid by Graphite (other than taxes on WuXi ATU’s income). In the event Graphite disputes any invoiced amount, Graphite must give WuXi ATU written notice of such dispute . In the absence of such written notice, the invoice shall be deemed to have been accepted by Graphite. Payment of all amounts not under good faith dispute by Graphite must be made by Graphite of the applicable invoice. Graphite shall not have the right to set off any of its payment obligations against any damages, credits, claims or charges assessed by Graphite against WuXi ATU.
Payment Disputes. If Graphite (other than taxes onhas a good faith dispute regarding a WuXi ATU’s income).ATU invoice submitted to Graphite, Graphite may withhold payment for the disputed Services, provided that Graphite pays the undisputed amount pursuant to [Section 4.3] above and notifies WuXi ATU in writing of the specific amount and nature of the dispute. In the event Graphite disputesof any invoiced amount, Graphite must givesuch dispute, WuXi ATU written noticewill continue to perform Services provided that # Graphite remains current on all of such dispute . Inits other obligations and # the absence of such written notice,Parties engage in good-faith negotiations regarding the invoice shall be deemed to have been accepted by Graphite. Payment of all amounts not under good faith dispute by Graphite must be made by Graphite of the applicable invoice. Graphite shall not have the right to set off any of its payment obligations against any damages, credits, claims or charges assessed by Graphite against WuXi ATU.dispute.
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